N.Y. Comp. Codes R. & Regs. tit. 2 § 317.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 317.5 - Adjournment before a scheduled hearing

(a) The retirement system may adjourn or cancel a hearing at its discretion when it is not possible for the hearing to proceed as scheduled.

(b) A request for an adjournment by an applicant or a party other than the retirement system before a scheduled hearing must be:

(1) in writing, email or other acceptable electronic format; and

(2) received by the retirement system at least three business days before a scheduled hearing.

(c) An adjournment before any hearing shall be granted only by the retirement system.

(d) The applicant or a party other than the retirement system shall be granted only one adjournment as of right or without the necessity of providing an explanation.

(e) A second adjournment may be granted for cause.

(1) Cause is defined as unusual, unexpected, or unavoidable circumstances beyond the control of the applicant or the other party, such as: a death in the immediate family, serious illness, unavoidable temporary inability to obtain counsel, or inclement weather that prevents all reasonable travel. It does not include any event that can be prevented or mitigated by the timely taking of reasonable action.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 317.5

Amended New York State Register April 24, 2019/Volume XLI, Issue 17, eff. 4/24/2019